EstoniaAutoriõiguse seadus (Copyright Act) Chapter VIII-1, Sui Generis Right of a Maker of a Database
Autoriõiguse seadus, RT I 1999, 97, 859, Sections 75-1 to 75-7, as amended by RT I 2004, 71, 500
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or re-utilise the whole, or a substantial part evaluated qualitatively or quantitatively, of a database reflecting a substantial investment by its maker, absent authorization or a statutory exception, per Copyright Act Section 75-4.
These lines are LexLint's reading of the law's text. Also read by: Case C-762/19 'CV-Online Latvia' SIA v 'Melons' SIA, judgment of (Fifth Chamber) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62019CJ0762
- Case citation
- Case C-762/19 'CV-Online Latvia' SIA v 'Melons' SIA, judgment of (Fifth Chamber)
- Open questions
- Does repeated extraction of many insubstantial parts of a database fall within the exclusive right to extract 'andmebaasi olulist osa' under Section 75^4(2) point 1?
- Is a website's database one in which its maker made an 'oluline investeering' under Section 75^3(1) when the content is supplied by users?
What it makes you log
Logging duty
Sections 75-1 to 75-7 give the maker of a database exclusive rights to extract and re-utilize the database or a substantial part of it, and set the lawful user's rights and the limits of the right. They require no log or record to be kept.
- Kind
- None
- As of
What this law does
A maker of a database who has made a substantial investment, in nature, value or size, in collecting, obtaining, verifying, arranging or presenting its contents may prohibit extraction or re-utilization of the whole or a substantial part of that database, per Section 75-3 and 75-4. The right runs for fifteen years from the first of January of the year following completion of the database, restarting if the database is made available to the public before that term expires, per Section 75-7.
A lawful user of a database made available to the public may extract or re-utilise a substantial part without authorization or payment for private non-electronic use, for teaching or scientific research to the extent justified by the non-commercial purpose and with the source indicated, or for public security or an administrative or judicial procedure, per Section 75-6.
Section 75-6 further allows extraction and re-utilisation in the cases covered by the text-and-data-mining exceptions of Sections 19-1 and 19-2 of the Act and certain other exceptions it names.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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